(A) Except for right-of-way occupancy permittees for residential purposes, when the permit so allows, any right-of-way occupancy permittee that intends to discontinue or is discontinuing its operations of any facilities within the rights-of-way shall first:
(1) Submit a written notice to the Municipal Administrator, or designee, describing the portion of the facilities to be discontinued and abandoned, any plan for securing the same and the proposed date of abandonment, which date shall not be less than 60 days from the date such notice is submitted to the Municipal Administrator, or designee or provide information satisfactory to the Municipal Administrator, or designee that the right-of-way occupancy permittees’ obligations for its facilities in the right-of-way under this section and any other sections in the chapter have been lawfully assumed by another right-of-way occupancy permittee;
(2) Submit a written proposal to re-use its facilities in a manner that promotes the city’s goals of providing innovative and economic solutions to efficiently and economically utilize limited right-of way capacity. Such proposal must be approved or denied by the Municipal Administrator, or designee. The Municipal Administrator, or designee’s denial of a proposal to re-use its facilities shall be made in writing and describe the reasons for such a denial. The denial may be appealed by the right-of-way occupancy permittee to the Municipal Administrator, or designee. The decision of the Municipal Administrator, or designee shall be final.
(3) Submit a written proposal for abandonment of facilities in place indicating why good engineering practice would support this type of solution. The Municipal Administrator, or designee must approve or deny said proposal. The Municipal Administrator, or designee’s denial of a proposal to abandon facilities in place shall be done in writing and describe the reasons for such a denial. The denial may be appealed by the right-of-way occupancy permittee to the Municipal Administrator, or designee. The decision of the Municipal Administrator, or designee shall be final.
(4) Completely remove all specifically identified portion(s) of its facilities in a manner acceptable to the city within a reasonable amount of time if the city believes that there exists a reasonable justification for such removal; or
(5) Submit to the city within a reasonable amount of time, a proposal for transferring ownership of its facilities to the city. If a right-of-way occupancy permittee proceeds under this clause, the city may, at its option where lawful:
(a) Purchase the facilities; or,
(b) Unless a valid removal bond has already been posted, require the right-of-way occupancy permittee to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities.
(B) Facilities of a right-of-way occupancy permittee who fail to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to:
(1) Abating the nuisance;
(2) Taking possession of the facilities and restoring them to a useable condition subject to a finding of the PUCO pursuant to the requirements of R.C. §§ 4905.20 and 4905.21; or
(3) Requiring removal of the facilities by the right-of-way occupancy permittee or by the right-of-way occupancy permittee’s surety.
(C) If the city requires a right-of-way occupancy permittee to remove unused facilities in any right-of-way, the city shall use reasonable efforts to direct that this removal occur in conjunction with other scheduled excavations of the right-of-way. If the city abates the nuisance it may take all action necessary to recover its costs and to abate said nuisance, including but not limited to, those methods set forth in R.C. § 715.261. The city shall have no liability for any damage caused by such action and the permittee shall be liable to the city for all reasonable costs incurred by the city in such action.
(Ord. 8710, passed 9-17-2018)